UNITED KINGDOM-CLAIMS-Ot. 23, 1946 Jan.23 ,1947 ANNEX. (W6037/15/64). ARTICLE I. (1) Each contracting Government agrees to bear its own loss and to forbear from asserting on its own behalf against the other any claim in relation to the loss, destruction or damage to its property, or injury to or death of any members or civilian employees of its Armed Forces resulting from any acts, omissions or other activities during the opera- tion of this Agreement of any members or civilian employees of the Armed Forces of the other contracting Government. (2) The provisions of paragraph (1) of this Article shall not apply to the following claims- (i) Claims in relation to loss, destruction or damage to property or to injury or death resulting from combat activity. (ii) Claims based on the taking for military purposes of the property of either contracting Government by members or civilian em- ployees of the Armed Forces of the other contracting Govern- ment. (iii) Claims made by or on behalf of individuals or by or on behalf of private associations partnerships, corporations or other non- governmental bodies. ARTICLE II. (1) (i) Subject to the provisions of paragraph (3) of this Article, claims of third parties (other than enemy nationals) arising out of incidents involving vehicles of both contracting Governments shall be submitted for investigation and determination as to liability to the United States Claims Service if the incident occurs in a United States controlled area or to the British Claims Service if the incident occurs in a British controlled area, but no liability shall he assumed and no settlement of a claim effected by either Government with respect to any such claim unless the authorities appointed by the other contracting Government for the purplose of reviewing such claims decide in the particular case that such liability exists. (ii) For the purpose of this Agreement the expression "claims of third parties" shall mean claims based on the acts or omissions of the drivers or riders of vehicles which are the property of either Government brought against either contracting Government by any person other than the drivers or riders. (2) If it is found that the incident resulted from negligence or fault attributable to both contracting Governments, the cost of settlement rill be borne equally between them. irrespective of the relative degree of negligence or fault attributable to each Government. Neither contracting Government shall be liable to contribute to the cost of settlement where no negligence or fault is attributable to either Government or where the incident results from combat activity. Forbearance from assertion of designated claims. Nonapplicability. Investigation, etc. , of claims of third parties. "Claims of third parties. " Cost of settlement. 61 STAT.] 2877
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